HomeMy WebLinkAbout09.e EDB CR-218 Widening EXECUTIVE SUMMARY
AGENDA ITEM:
Approval to authorize an allocation for additional payment to Clay County following the Interlocal
Agreement No. 2020/2021-135 (Agreement) for the implementation of utility infrastructure
relocations and improvements associated with the Clay County's County Road Number 218 (CR-
218)widening project.
CCUA Job File No.: 2021-048
Financial Job No.: 22020RR
Date: March 14, 2024
BACKGROUND:
CCUA staff requests approval for an additional payment to the County for costs associated with
the updated design and construction costs for CCUA utility relocations along Clay County's CR-
218 roadway widening project.
CCUA entered into an Agreement with the County for the implementation of utility relocations
and improvements within the County's — CR-218 roadway widening project. The Agreement
outlines a framework to coordinate the design and construction of the utility relocations using the
County's design engineer and general contractor, and it delegates responsibilities to each
respective party. The Agreement also allows CCUA to use the County's construction engineering
inspector (CEI) firm to provide utility inspections during construction. The Agreement requires
that CCUA pay the full amount for the design, construction, and CEI services associated with the
relocation and improvements to CCUA facilities. The Agreement was approved by the County on
March 23, 2021, and fully authorized the Board of Supervisors at the April 1, 2021, meeting.
CCUA provided an initial payment of$424,394.80 to the County based on the County's initial
estimate of CCUA's costs on July 28, 2022.
The County delayed the completion of the design due to conflicts with their original design
engineer and recently engaged WGI Engineering to complete a redesign of the project with input
from CCUA. The updated design included additional infrastructure removal and relocations of
over 2,000 linear feet of gravity sewer mains and 6 manholes that were not originally anticipated
in the previous estimates. WGI issued the plans for bids from contractors and on February 15,
2023. WGI informed CCUA that the County received 2 bids for the project and CCUA's cost for
construction was $1,662,901.47. A summary of the current cost to CCUA is tabulated below.
Project Cost Item Project Cost
County Engineering Design $49,951.00
Construction $1,662,901.47
Construction Engineering &Inspection $194,027.00
Contingency $100,000.00
Total Project Cost $2,006,879.47
Previous Payment -$424,394.80
The remaining balance owed to the County $1,582,484.67
The impacts to the CCUA's Capital Improvement Plan(CIP)project budget are described below.
//JSP(Author)
//AA(Review)
//PS(Final)
BUDGET:
Based on original estimates, staff budgeted $675,000.00 for this project in the approved CIP. A
$424,394.80 payment previously issued to the County leaves a remaining project budget of
$250,605.20. An additional $1,331,879.47 is required from the CIP contingency account to
provide the needed funds for CCUA's portion of the County's CR-218 project.
RECOMMENDATION:
Staff respectfully recommends the Board of Supervisors approve the transfer of funds
($1,331,879.47) from the CIP contingency account so staff can issue payment to the County as
outlined in the attached Interlocal Agreement No. 2020/2021-135 for Clay County's CR 218
roadway widening project.
ATTACHMENTS:
Interlocal Agreement No. 2020/2021-135
//JSP(Author)
//AA(Review)
//PS(Final)
Clay County Agreement/Contract 2020/2021-/35
INTERLOCAL AGREEMENT
BETWEEN CLAY COUNTY AND THE CLAY COUNTY UTILITY AUTHORITY
Re: Road Work and Utility Relocation Work for the Improvement of County Road 218
THIS INTERLOCAL AGREEMENT is entered into between Clay County, a political subdivision
of the State of Florida(the County), and the Clay County Utility Authority (CCUA).
WHEREAS, the County has issued a Request for Proposal (RFP No. 20/21-19) to solicit
competitive proposals from design-build firms for roadway and drainage design and construction
work in connection with improvements on CR 218 from Cosmos Avenue to Pine Tree Lane in
Middleburg, Florida; and
WHEREAS, the County has developed a design criteria package for the proposed road
work improvements on CR 218 (the Road Work); and
WHEREAS,CCUA desires to relocate at the time of the Road Work any necessary utilities,
including but not limited to, potable water mains, gravity sanitary sewer mains, reclaimed water
mains,and sanitary force mains within the Clay County right-of-way and CCUA utility easements
(the Utility Relocation Work); and
WHEREAS, CCUA desires to partner with the County in order that one design-build firm
may be retained by the County to design construction plans and construct both the Road Work and
the Utility Relocation Work, collectively referred to as the Project; and
WHEREAS, CCUA desires to partner with the County so that the services of one
Construction Engineering Inspection (CEI)firm may be utilized for the Project; and
WHEREAS, the County agrees to accommodate CCUA in this regard so that CCUA may
take advantage of the cost savings available when the Utility Relocation Work may be done at the
same time as the Road Work and so that all the Project work may be completed as an integrated
whole; and
WHEREAS, the Parties acknowledge that while the joint installation of the Road Work
and the Utility Relocation Work benefits both Parties,the Utility Relocation Work is not a County
project and the County accommodation to CCUA in adding the Utility Relocation Work along
with the Road Work for the Project is done in the interest of efficiency and the preservation of
public resources of both governmental entities; and
WHEREAS, the Parties acknowledge that it is the intention of this Agreement that all
design and construction costs associated with and attributable to the Utility Relocation Work be
paid for entirely by CCUA, except that all shared construction costs and costs for CEI services be
shared pro-rata between the County and CCUA; and
WHEREAS, the County and CCUA desire to establish their respective rights and
responsibilities with respect to the Project.
1
NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and
conditions contained herein, and for other good and valuable consideration, the legal sufficiency
of which is admitted by the Parties, the Parties agree as follows:
ARTICLE 1. Authority, General Responsibilities, and Condition Precedent. This
Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes,
commonly known as the "Florida Interlocal Cooperation Act of 1969", hereinafter referred to as
the Act,and all applicable portions of the Act are made a part hereof and incorporated herein as if
set forth at length herein, including,but not limited to the following specific provisions:
A. All of the privileges and immunities and limitations from liability,exemptions from
laws,ordinances and rules,and all pensions and relief,disability,workers'compensation and other
benefits which apply to the activity of officers, agents, or employees of the Parties hereto when
performing their respective functions within their respective territorial limits for their respective
agencies,shall apply to the same degree and extent to the performance of such functions and duties
of such officers,agents or employees extra-territorially under the provisions of this Agreement.
B. This Agreement does not and shall not be deemed to relieve any of the Parties
hereto of any of their respective obligations or responsibilities imposed upon them by law except
to the extent of the actual and timely performance of those obligations or responsibilities by one
or more of the Parties to this Agreement, in which case performance provided hereunder may be
offered in satisfaction of the obligation or responsibility.
C. As a condition precedent to its effectiveness, and pursuant to Section 163.01(11),
Florida Statutes, this Agreement and any subsequent amendments hereto shall be filed with the
Clerk of the Circuit Court of Clay County.
D. This Agreement shall be construed under the laws of the state of Florida,and venue
for any actions arising out of this Agreement shall lie in Clay County. If any provision hereof is
in conflict with any applicable statute or rule or is otherwise unenforceable, then such provision
shall be deemed null and void to the extent of such conflict and shall be deemed severable but shall
not invalidate any other provision of this Agreement.
ARTICLE 2. The Project.
The design-build of Road Work and Utility Relocation Work within County Road 218's
right of way and easements adjacent to the right of way from Cosmos Avenue to Pine Tree Lane,
being approximately 2.6 miles.
ARTICLE 3. Obligations of the County.
A. The County provided CCUA with conceptual drawings for the Road Work which
included CCUA's existing utility locations,based upon the information available at the time of the
conceptual drawings.
B. The County incorporated with its design criteria package for the Road Work,
CCUA's utility disposition plans and CCUA's estimated price for design and construction for the
Utility Relocation Work.
2
C. The County shall be responsible for the procurement of the design-build firm for
the design of the construction plans and the construction of the Project through its issuance of
RFP No. 20/21-19 soliciting competitive proposals from firms qualified to perform design-build
services for the Project. The RFP shall at a minimum include the following:
1. A requirement that a single insurance policy and bond be given to protect the
Project and to secure the payment and performance of both the Road Work and the
Utility Relocation Work.
2. A requirement that the payment and performance bonds submitted by the design-
build firm be assignable to CCUA in the event it is necessary to pursue the bond
for defective Utility Relocation Work.
3. A requirement that the plans and specifications for both Road Work and Utility
Relocation Work be submitted to the County and CCUA for review at the 90%and
final design milestones.
4. A requirement that the Utility Relocation Work components be listed separately in
the Project design-build costs so that the total costs of design, materials, and
construction for the Utility Relocation Work are easily discernable from the total
costs of design,materials, and construction for the Road Work.
5. A requirement that applicable CCUA standards and details are referenced and used
in the 90%and Final Design milestones.Unless otherwise approved by CCUA,the
materials used for the Utility Relocation Work must match the requirements of
CCUA's Approved Materials Manual and CCUA reserves the right to request
changes to Utility Relocation Work materials that do not meet the requirements
specified in CCUA's Approved Materials Manual.
D. The County and CCUA will evaluate the responses to the RFP and the County will
award the Project to the lowest responsive, and responsible design-build firm, pending the
County's appropriation of funding. The County will provide CCUA the opportunity to opt out of
the County's RFP process up to seven(7)calendar days after the bid opening.
E. The County will enter into a contract with the selected design-build firm (the
Contract) that shall contain the requirement that the firm shall look to the County, and not to
CCUA, for payment of the Utility Relocation Work as specified in the RFP. The County shall
ensure that the Contract with the selected design-build firm contains the requirement that the
Project be properly insured with builders'risk,against casualty and liability loss,and that worker's
compensation coverage is also in place both during design, construction, and upon completion.
F. Upon completion of the 90% and final design milestones by the selected design-
build firm,the County and CCUA will meet,concur and sign-off that their respective components
of the Project design are in conformance with the overall goals of the Project for each Party.
G. For purposes of allocating Project costs which are attributable to both the Road
Work and the Utility Relocation Work including but not limited to site preparation, maintenance
3
of traffic,bid bond,insurance,payment and performance bonds,and any other shared work for the
Road Work and the Utility Relocation Work as well as costs for CEI services, the County and
CCUA shall each pay a pro-rata share of the cost of these items based on the percentage that the
cost of the Road Work and Utility Relocation Work, respectively, bears to the total contract sum.
For shared costs such as maintenance of traffic and site preparation, however, the allocation of
costs must be reviewed to specify the extent necessary for the Utility Relocation Work to be
completed and CCUA's portion of the shared cost should reflect its actual needs for the Utility
Relocation Work.
H. If CCUA's existing utility(ies)are within CCUA easements on private property and
are required to be relocated, the County shall subordinate for design and construction of the
roadway project and the County shall be responsible for paying for the relocation of such existing
utilities.
I. The County shall be responsible for securing and paying for any required permits
for the work necessary for completion of the Road Work.
J. The County will facilitate the retention of CEI services for the Project. The CEl
firm may not be associated with the selected design-build firm for the Project.
K. The County will solely be responsible for the administration of the Contract with
the design-build firm as well as for the administration of the CEI services for the Project. The
County will provide all direction to the selected design-build firm in the performance of the Road
Work or the Utility Work as well as to the CEI firm.
L. If CCUA's Project Manager discovers non-compliant Utility Relocation Work, the
CEI firm and the County will be notified immediately. CCUA will then request a meeting with the
County's Project Manager to address the non-compliant work. The County agrees to meet with
CCUA's representative to address non-compliant work. The County will thereafter give any
direction to the design-build firm and CEI firm to address any agreed upon non-compliant work.
M. In the event of an unforeseen or a change condition arising during the construction
phase which affects the Utility Relocation Work, first,the County agrees to notify CCUA of these
conditions, and second, the County and CCUA representatives agree to meet to verify the cause,
determine any resolution to these conditions,and approve any issuance of a contract change order.
N. In the event of an unforeseen utility conflict with the Road Work is found and
documented during the construction of the Project, the County will notify CCUA of the estimated
conflict.The County and CCUA representatives agree to meet to verify the conflict,determine any
resolution to the conflict, and approve any issuance of a contract change order to solve the
unforeseen utility conflict.
O. The County and CCUA shall negotiate and mutually determine the proper
allocation of cost and schedule impacts of resolutions associated with unforeseen or changes in
existing conditions in the project.The County shall not be responsible for material,equipment, or
structures associated with CCUA's Utility Relocation Work. CCUA shall not be responsible for
material, equipment, or structures associated with the County's Road Work.
4
P. The County shall cause the CEI for the Project to ensure the selected design-build
firm coordinates with CCUA on pressure testing, flushing, chlorination, de-chlorination,
regulatory testing and main clearing, and public noticing procedures as required for the Utility
Relocation Work. The CEI shall notify CCUA's Project Manager in advance of commencement
of any procedures involved with CCUA's Utility Relocation Work that could affect public health
and safety.
Q. Following completion of construction, the County shall ensure the design-build
firm prepares and provides to CCUA As-Built Survey and CAD Drawings prepared in accordance
with CCUA "As-Built Specifications Standards Manual", latest edition, and minimum technical
standards for surveying as set forth by the Florida Board of Professional Surveyors and Mappers
in Chapter 61G17-6 Florida Administrative Code, pursuant to Section 472.027 Florida Statutes.
Final As-Built Drawings shall represent the Utility Relocation Work that was constructed.
R. The County shall ensure the design-build firm provides a 2-year warranty for all
Utility Relocation Work constructed as part of this Project.
ARTICLE 4. Obligations of CCUA.
In addition to CCUA obligations set forth elsewhere in this Agreement, CCUA has the
following obligations:
A. CCUA has provided to the County utility disposition plans which include existing
utility locations on the County's conceptual Road Work plan sheets with ties to the Project's survey
points,as can be reasonably obtained by a review of the existing records, topographic surveys and
detection devices without physically exposing the utilities. CCUA uses the following color code,
as listed in FDOT's Utility Accommodation Manual(2017),for the existing and proposed utilities:
Red: Existing Utilities that are(a)to be removed or relocated horizontally or(b)to be place
out of service (retired) but left in place.
Green: Existing utilities to remain in place with no adjustment.
Brown: Utilities that are: (a)existing utilities to be adjusted vertically but to remain in the
same horizontal alignment,or(b) completely new utilities to be installed.
The provided existing and proposed utility locations will be designated as the Utility Relocation
Work for the Project.
B. CCUA may participate in the evaluation of the responses to the County's RFP and
may opt out of the County's RFP process up to seven (7) calendar days after the bid opening.
CCUA acknowledges that the design-build firm will be selected by the County and that the County
will award the Project to the lowest responsive, and responsible design-build firm, pending the
County's appropriation of funding. If CCUA determines to opt out of the County's RFP process,
CCUA shall provide an executed utility contingency work schedule to the County at the time
CCUA provides notice of its opt out.
C. Upon written request of the County,CCUA agrees to pay within thirty(30)calendar
5
days of the issuance of the Notice to Proceed from the County to the selected design-build firm,
the full lump sum cost to the County for the Utility Relocation Work along with its pro-rata share
of shared expenses and CEI costs. The shared expenses, as will be described in the Contract
between the County and the selected design-build firm, include but are not limited to site
preparation,maintenance of traffic,bid bond,insurance,payment and performance bonds,and any
other shared work for the Road Work and the Utility Relocation Work.
D. CCUA agrees to coordinate with the County and review and approve the plans and
specifications for the Utility Relocation Work at the 90%and final design milestones.
E. If CCUA's existing utilities are within existing CCUA easements on private
property and are required to be relocated, the County shall subordinate such and shall be
responsible for the costs associated with relocating those utilities.
F. CCUA shall be responsible for securing and paying for any required permits for its
respective work necessary for completion of the Utility Relocation Work and shall coordinate the
permit cycle times with the County.
G. CCUA agrees to designate a design representative for the Project who will receive,
review, and respond within ten (10) working days to all questions and requests from the selected
design-build firm and the County.
H. CCUA agrees to designate a Project Manager or inspector for the Project who will
inspect the construction of the Utility Relocation Work portion. If the CCUA representative
discovers non-compliant work, such representative will notify the CEI and the County
immediately. CCUA will then request a meeting with the County's Project Manager to address
these conditions. Under no circumstances may CCUA or any of its officers, contractors or agents
give direction to the County's design-build firm in the performance of the Road Work or the Utility
Relocation Work or to the CEI firm in the performance of CEI services related to the Road Work
or Utility Relocation Work.
I. In the event of an unforeseen or a change condition arising during the construction
phase which affects the Utility Relocation Work or in the event of an unforeseen utility conflict
with the Road Work is found, upon notification by the County of such conditions, CCUA agrees
to meet with County representatives to verify the cause or conflict, determine any resolution to
these conditions, and approve any issuance of a contract change order in accordance with Article
3. 0 of this Agreement. Upon approval of issuance of a contract change order for the Utility
Relocation Work portion of the Project by CCUA's Project Manager, if such change order is in an
amount less than five (5) percent of the full lump sum cost for the Utility Relocation Work, work
may immediately proceed and no further approval is required. For any change order for Utility
Relocation Work that exceeds such five (5) percent, approval by CCUA's Board of Supervisors
must be obtained prior to beginning of work. CCUA shall reimburse the County for any expenses
incurred by the County which are associated with an approved change order to the Utility
Relocation Work. CCUA agrees to pay these expenses within thirty (30) calendar days, upon
submittal of a statement therefor to CCUA by the County.
6
ARTICLE 5. Default or Disputes.
In the event either Party to this Agreement fails to meet any of its obligations hereunder,
the other Party may terminate the Agreement.
ARTICLE 6. Transfer or Assignment.
Neither the County nor CCUA shall transfer or assign this Agreement, or any rights
acquired hereunder, or grant any interest,privilege, or license whatsoever in connection with this
Agreement unless first obtaining the written consent of the other Party, which consent shall not be
unreasonably withheld.
ARTICLE 7. Amendments.
Any changes in the provisions of this Agreement which are agreed to by the Parties shall
be made by formal written amendment signed by both Parties.
ARTICLE 8. Project Management.
The Project Managers for the County and for CCUA are listed below and shall be the
representative responsible for overall coordination of the Project. Either Party may change its
Project Manager upon three (3)business day's prior written notice to the other Party.
County CCUA
Richard Smith, P.E. Paul Steinbrecher, P.E.
Clay County Dept. of Engineering Clay County Utility Authority
P.O. Box 1366 3176 Old Jennings Road
Green Cove Springs, Florida 32043 Middleburg, Florida 32068
Telephone: 904-529-3816 Telephone: 904-272-5999
Email: richard.smith(a,claycountygov.com Email: psteinbrechera,clavutility.org
ARTICLE 9. Term.
The term of this Agreement shall commence on the effective date and continue through the
completion of the Project Road Work and the completion of the associated Utility Relocation
Work.
ARTICLE 10. Effective Date.
This Agreement shall commence and be effective on the date it is fully executed by the
Parties hereto.
ARTICLE 11. Audit, Access to Records, and Repayment of Funds.
Both CCUA and the County shall maintain its books and records such that receipt and
expenditure of the funds provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. CCUA and the County shall keep the records of receipts and
7
expenditures and copies of all invoices and supporting documentation for at least three (3) years
after expiration of this Agreement and in any event shall meet all applicable requirements for
retaining public records as required by Art. 1, Section 24, Florida Constitution, and Chapter 119,
Florida Statutes,as from time to time amended(together,the Public Records Laws). In accordance
with generally accepted governmental auditing standards, both CCUA and the County shall have
access to and the right to examine any directly pertinent books and other records involving
transactions related to this Agreement. In the event of an audit, CCUA and the County shall
maintain all required records until the audit is completed and all questions are resolved. CCUA
and the County will provide proper facilities for access to and inspection of all required records.
ARTICLE 12. Indemnity.
A. Subject to and within the provisions of Section 768.28, Florida Statutes, CCUA
shall fully defend, protect, indemnify and hold harmless the County and all of its respective
principals, employees, officers, agents, servants and contractors (collectively, the Indemnitees),
from and against any and all liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of the successful design-build firm and persons employed or utilized by it in
the performance of the Utility Relocation Work. In light of CCUA being a governmental entity,
nothing herein is intended to serve as a waiver of CCUA's sovereign immunity protections nor
does it extend CCUA's liability beyond the limits established in Section 768.28, Florida Statutes.
Notwithstanding anything stated to the contrary in the Agreement, CCUA's obligation to
compensate or indemnify is limited and shall not exceed the limits set forth in Section 768.28,
Florida Statutes,as it may be amended from time to time.
B. Subject to and within the provisions of Section 768.28,Florida Statutes,the County
shall fully defend,protect,indemnify and hold harmless CCUA and all of its respective principals,
employees, officers, agents, servants and contractors (collectively, the Indemnitees), from and
against any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful
misconduct of the successful design-build firm and persons employed or utilized by it in the
performance of the Road Work. In light of the County being a governmental entity,nothing herein
is intended to serve as a waiver of the County's sovereign immunity protections nor does it extend
the County's liability beyond the limits established in Section 768.28, Florida Statutes.
Notwithstanding anything stated to the contrary in the Agreement, the County's obligation to
compensate or indemnify is limited and shall not exceed the limits set forth in Section 768.28,
Florida Statutes,as it may be amended from time to time.
C. The provisions of this Article shall survive any termination of this Agreement.
ARTICLE 13. Remedies.
The Parties will attempt to settle any dispute arising from this Agreement through
negotiation and a spirit of mutual cooperation.The dispute will be escalated to appropriate higher-
level managers of the Parties, if necessary.
8
ARTICLE 14. Independent Contractor.
Each Party will perform its duties under this Agreement as an independent contractor. The
Parties and their personnel will not be considered to be employees or agents of the other Party.
This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or
formal business organization of any kind.
ARTICLE 15. Further Assurances.
Each of the Parties shall cooperate with one another,shall do and perform such actions and
things, and shall execute and deliver such agreements, documents and instruments, as may be
reasonable and necessary to effectuate the purposes and intents of this Agreement.
ARTICLE 16. Waiver.
Failure or delay by either Party to exercise a right or power under this Agreement will not
be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a
writing signed by the waiving Party. An effective waiver of a right or power will not be construed
as either a future or continuing waiver of that same right or power, or the waiver of any other right
or power.
ARTICLE 17. Severability.
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof,and any such prohibition or unenforceability
in any jurisdiction shall not invalidate or render unenforceable such provision in any other
jurisdiction.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date set forth below.
CLAY COUNTY
By: (16 Date: 3/23A2 I
Mike ella, its Chairman
ATTEST:
Tara . Green •
Clay County Clerk of Court and Comptroller
Ex Officio Clerk to the Board
9
CLAY COUNTY UTILITY AUTHORITY
` I c
By: - -- -`t•��1►-4 0, -•7021'O >''°7
sto , PE, MBA
410t1 Dire,for
F.Contract\ccua\County and CCUA Interlocal Agreement re 218 design build 2021-03-16 Clean.docx
10